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OhioBWC - Basics: (Policy library) - File

Incarceration Policy

Policy Name:

Incarceration

Policy #:

CP-09-06

Code/Rule Reference:

R.C. 4123.54(J)

Effective Date:

09/29/17

Approved:

Kevin R. Abrams, Chief Operating Officer

Origin:

Claims Policy

Supersedes:

Policy #CP-09-06, effective 11/20/15.

History:

New: 11/20/15

Review date:

11/20/18

 

 

      I.        POLICY PURPOSE

 

The purpose of this policy is to ensure BWC properly terminates the payment of compensation and benefits when the injured worker (IW) or a dependent is incarcerated and properly reinstates the payment of compensation, when appropriate, after the IW or dependent is released from incarceration. 

 

    II.        APPLICABILITY

 

This policy applies to all claims services staff and Special Investigations Unit staff. 

 

   III.        DEFINITIONS

 

Conviction: The act of finding a person guilty of a crime in a court of law.

 

Incarceration: Confinement in a penal institution, including municipal, county, state and federal jails or prisons. Incarceration does not include any time the individual is not actually confined, such as a period while the individual is released on bond or bail pending a trial date or on appeal.

 

Time served: Period of confinement prior to a conviction that is applied by the court to the sentence to reduce the period of confinement after conviction.

 

Voluntary Abandonment:  When a worker leaves the job at which the injury occurred for reasons not related to the injury, or otherwise removes himself/herself from the workforce. 

 

 

  IV.        POLICY

 

A.      It is the policy of BWC to determine whether compensation and benefits are payable in a claim when an injured worker (IW) or dependent is incarcerated.

 

B.      For claims with a date of injury prior to 8/22/86 it is the policy of BWC to terminate payment of compensation and benefits, except permanent total disability (PTD), to an IW when the IW is incarcerated.

 

C.      For claims with a date of injury on or after 8/22/86 through 9/28/17: It is the policy of BWC to terminate, or in the case of PTD, refer to the Industrial Commission (IC) for termination, compensation and benefits to an IW, when the IW is:

1.    Incarcerated in any state or federal correctional institution, or in any county jail in lieu of incarceration in a state or federal correctional institution, whether in this state or any other state; and

2.    The incarceration is due to a conviction of a violation of a state or federal criminal law.

 

D.      For dates of injury on or after 9/29/17: It is the policy of BWC to terminate, or in the case of PTD, refer to the IC for termination, compensation and benefits to an IW or a dependent, when the IW or dependent is:

1.    Incarcerated in any state or federal correctional institution, or in any county jail in lieu of incarceration in a state or federal correctional institution, whether in this state or any other state; and

2.    The incarceration is due to a conviction of a violation of a state or federal criminal law.

 

E.       For all dates of injury, the employer of record may discontinue payment of salary continuation during the period the IW is incarcerated in any county, state or federal institution in this or any other state due to a conviction for violation of a state or federal law.   The employer of record may resume payment of salary continuation upon release if the IW remains an employee.

 

F.       If the IW or dependent was in a repayment plan for a lump sum advancement prior to termination of compensation due to incarceration, the repayment period will resume when BWC reinstates payment of compensation.

 

BWC staff may refer to the corresponding procedure for this policy entitled “Procedure for Incarceration” for further guidance.


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